Updated ACPO cannabis guidance

The Association of Chief Police Officers (ACPO) has published updated guidance to officers dealing with offences of possession of cannabis, to help towards a consistent national approach to the policing of possession of cannabis as a Class C drug.

The revised guidance replaces the term ‘Street Warning’ with ‘Cannabis Warning’, due to the former term causing confusions with other forms of warning, such as the formal warning or formal cautioning procedure or final warnings for young people, and the fact that some officers interpreting it as being a warning that could only be given on the street, when in reality, it can be given anywhere.

It states that, as a general guide, when police find a person in possession of a small amount of cannabis, they should:

• Investigate the circumstances surrounding the alleged possession, including any lawful excuse.
• Eliminate any suspicion of a more serious offence, such as possession with intent to supply. (The amount of cannabis in possession of the offender is irrelevant if there is other evidence of intent to supply).
• Seize cannabis and secure evidence according to local procedure and compliance with PACE and its Codes.
• Complete contemporaneous notes of the incident that are PACE compliant and cover the points to prove for the offence, in line with local procedures.
• Complete local recording systems, such as stop/search forms, property seized logs and criminal intelligence reports.
• Ensure a record is made of the crime within local crime recording procedures. Under Home Office counting rules this will be treated as a sanctioned detection, providing the correct procedures have been followed.

If an offender admits possession, and there is no evidence of intent to supply to others, the officer should consider whether dealing with the offender by way of a Cannabis Warning would be a proportionate and appropriate method of disposal. If the officer decides to proceed with a Cannabis Warning, the offender should be warned that:

• A record of the investigation will be made at the police station.
• The offence of possession will be recorded against them, for statistical purposes, as a detected crime, but that the procedure does not constitute a criminal record against them.

Young people aged ten to 17 years of age cannot be given a Cannabis Warning. They must be dealt with under the provisions of Section 65 of the Crime and Disorder Act 1998.

The guidelines do not encourage the same offender being repeatedly warned for possession of cannabis. Where it can be verified that an offender has received two previous cannabis warnings, then a further warning should not be considered.

Where this is the case, the officer must consider the options available for prosecuting the suspect; and arrest may then be necessary to enable the prompt and effective investigation of the offence or of the persons conduct. The rationale for any arrest must be carefully recorded.

Where there are local partnership agreements in place for policing schools, colleges or youth clubs, the guidance advises that these local agreements should take precedence over these guidelines.

The guidance can be found in full via http://www.acpo.police.uk/policies.asp